Bill C-10 (Historical)

An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) update the broadcasting policy for Canada set out in section 3 of that Act by, among other things, providing that the Canadian broadcasting system should serve the needs and interests of all Canadians — including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds — and should provide opportunities for Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(c) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide Indigenous language programming operate,
(ii) is fair and equitable as between broadcasting undertakings providing similar services,
(iii) facilitates the provision of programs that are accessible without barriers to persons with disabilities, and
(iv) takes into account the variety of broadcasting undertakings to which that Act applies and avoids imposing obligations on a class of broadcasting undertakings if doing so will not contribute in a material manner to the implementation of the broadcasting policy;
(d) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(e) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(f) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(g) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(h) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(i) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(j) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(k) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act.
The enactment also makes related and consequential amendments to other Acts.

Canadian Heritage

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, it is a shame to see Conservatives attacking the Canadian cultural industry once again.

Justice Canada's analysis confirms that Bill C-10 remains consistent with the charter right to freedom of expression.

Bill C-10 aims to level the playing field between Canadian creators and web giants. It requires powerful foreign broadcasters to provide information on their revenues, to contribute financially to Canadian stories and music, and to enable different audiences to experience our culture. This is what we will always strive to do.

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

Mr. Speaker, we were shocked yesterday to hear the Minister of Canadian Heritage say that Bill C-10 would not limit net neutrality in any way.

However, in Bill C-10, the Liberal government gives the CRTC more powers to regulate social networks, blogs, online gaming sites, apps and even audiobooks.

I have a very simple question for the Prime Minister. Does he believe that regulating these platforms is in keeping with the principle of net neutrality, yes or no?

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, on the contrary, what we have demonstrated from the very beginning of our time in office in 2015 is that we are there to support Canadian content and Canadian creators right across the country, particularly after a Conservative government did nothing but attack culture and content creators, and limit the cultural industries in this country.

We will continue to stand up for producers and creators of great Canadian content right across the country. Bill C-10 is about giving the CRTC the tools to do just that in a world where people do not only get their Canadian content from CBC or CTV or on the radio.

We need to make sure we continue to support Canadian content. That is exactly what we are going to do. It is no surprise the Conservatives do not get it.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, that was embarrassing. There were a lot of um's and ah's and a few stumbles, yet the Prime Minister is not able to define Canadian content. He likes to talk about it a lot, though.

Let us talk a little more about Canadian creators, shall we? Brian Wyllie from Calgary is an expert gamer who has over a million followers on Twitch. Montrealer Kiana Gomes created a whole business using TikTok. Sadly, these self-made creators just are not Canadian enough to be considered artists by the Liberals. Bill C-10 would punish them, demote them and prevent them from being further successful.

Why is the Prime Minister hell-bent on punishing these ingenious creators?

[Rachael Thomas, Conservative, Lethbridge, AB]

Wow, Mr. Speaker, I thought the Prime Minister was going to mansplain net neutrality there for a moment, but it looks like he does not even understand the definition because he could not define it.

The Prime Minister tries to mislead Canadians by saying that Bill C-10 is against web giants and it is about promoting Canadian artists and content. Let us have some fun and do a little quiz.

There is a movie called Ultimate Gretzky. It is about none other than Canada-born Wayne Gretzky, who is often described as the greatest hockey player ever. It was also filmed largely in Canada.

Could the Prime Minister tell us if this movie is Canadian enough to pass as Canadian content?

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, in 2017, the Conservatives demonstrated they did not understand net neutrality, and they certainly do not understand it now.

Bill C-10 seeks to promote Canadian music, storytelling and creative works. It does not affect the work and activities of Internet service providers in Canada. It has no impact on Canada's commitment to net neutrality.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, the Prime Minister insists on misleading the House and thereby the Canadian public.

In 2017, however, the Prime Minister was committed to defending the concept of net neutrality, which is the principle that Internet users should have equal access to all sites, all content and all applications without blocking or giving preference.

Now, he wants to put an Internet czar in place in order to promote some creators and demote others. It is wrong.

With Bill C-10, the Prime Minister is turning Canada into the most digitally regressive democracy in the world. Why?

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, just as Canada's analysis confirms that Bill C-10 remains consistent with the charter's guarantee of freedom of expression, Bill C-10 aims to level the playing field between creators and web giants.

It requires big, powerful foreign streamers to provide information on their revenues in Canada, to financially contribute to Canadian stories and music, and to make it easier for individuals to discover our culture.

The bill explicitly says that obligations apply to web giants only: not to Canadian users. Web giants have gone unregulated for far too long. Our government has chosen action over reaction.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, in 2018, the current Liberal Minister of Justice said, “Our government supports an open Internet where Canadians have the power to communicate freely and have access to the legal content of their choice.” That seems like a good idea.

Sadly, Bill C-10 does the exact opposite. It actually takes choice away from Canadians by dictating the content they should and should not view online. It is sneaky. It is controlling, and it is wrong. Why is the Prime Minister insisting on regulating the Internet?

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

Mr. Speaker, I profoundly disagree with the basis of the hon. member's question, as does the Department of Justice Canada. Its analysts confirmed that Bill C-10 remains consistent with the charter's guarantee of freedom of speech.

Bill C-10 is about levelling the playing field between creators and web giants. It will require big, powerful foreign streamers to provide information on their revenues in Canada and make financial contributions to Canadian stories and music. I wonder why the Conservative Party continues to oppose this.

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, with Bill C-10, the Liberals are opening up the door to massive abuses of Canadians' freedom of expression. The heritage minister has denied this, yet an internal memo from his own department indicates that things such as podcasts and news sites could be regulated as well. Canadians recognize a threat to freedom of expression when they see one.

Will the Prime Minister commit to Canadians that he will not regulate their social media, or will he just repeat his same old tired talking points?

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

Mr. Speaker, again, this is a profound misconception about what we are trying to do. In fact, the Department of Justice has stated that there is no problem with free speech in Bill C-10, and the member opposite was at the committee. She got to ask the Minister of Justice questions regarding this.

Frankly, what I cannot understand is why the Conservative Party of Canada continues to oppose the fact that we are asking some of the wealthiest companies in the world to pay their fair share when it comes to Canadian artists and Canadian musicians. I just do not understand.

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

Mr. Speaker, again, this is a profound misconception by the hon. member opposite. We are not regulating the Internet. We are regulating some activities on the Internet. There is a huge difference.

Bill C-10 does not affect how Internet service providers manage Internet traffic and does not modify the relevant provision in the Telecommunications Act, therefore maintaining net neutrality.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, the minister reads his speaking notes very well, but what he is saying is actually really misleading to the Canadian public and actually quite insulting to their intelligence.

Net neutrality ensures that all Internet users are treated fairly. The Liberals once believed this principle. Now, as stated, they will say Bill C-10 has to do with web giants, but that is actually not the case.

We are talking about a bill that targets everyday Canadians in their everyday Internet use. We are talking about regulating the Internet: everything from YouTube to Facebook to TikTok, etc. It is unfair, it is undemocratic and it is incredibly regressive.

[Steven Guilbeault, Liberal, Minister of Canadian Heritage]

Mr. Speaker, I believe there is some misconception about the concept of net neutrality because it refers to hardware: to Canadians being able to access the Internet and having these conditions be the same for all Internet users.

Bill C-10 is not about telecommunications or hardware. It is about ensuring that web giants pay their fair share and that Canadians have easy access to the content developed by Canadian creators.